The Constitution

Chapter 2

Constitution

Definition

– A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

Sets the broad rules of the game.

The rules are not neutral- some participants and policy options have advantages others don’t.

The Origins of the Constitution

The Road to Revolution

– Colonists didn’t like the way they were treated.

Declaring Independence

– The Declaration of Independence listed the

colonists grievances against the British.

The Origins of the Constitution European Claims in North America (Figure 2.1)

The Origins of the Constitution

The English Heritage: The Power of Ideas

– John Locke’s influence

– Natural rights

– Consent of the governed

– Limited Government

The “Conservative” Revolution

– Restored rights the colonists felt they had lost

– Not a major change of lifestyles

The Origins of the Constitution

The Government That Failed

The Articles of Confederation

– The first document to govern the United States

– Congress had few powers

– States could engage in foreign trade

Changes in the States

– Expanded political power for some

– Expanding economic middle class

– Ideas of equality spreading

The Government that Failed

The Government That Failed

Economic Turmoil

– States had different currencies

– States had laws that favored debtors

Shays’ Rebellion

– A series of attacks on courthouses by a small

band of farmers led by Revolutionary War

Captain Daniel Shays to block foreclosure

proceedings.

The Government That Failed

The Aborted Annapolis Meeting

– An attempt to discuss changes to the Articles of

Confederation.

– Attended by only 12 delegates from 5 states.

– Called for a meeting in May 1787 to further

discuss changes.

Making a Constitution:

The Philadelphia Convention

Gentlemen in Philadelphia

– 55 men from 12 of the 13 states

– Mostly wealthy planters & merchants

– Most were college graduates with some

political experience

– Many were coastal residents from the larger

cities, not the rural areas

The Philadelphia Convention,

continued

Philosophy into Action

– Human Nature

– Political Conflict

– Objects of Government

– Nature of Government

The Agenda in Philadelphia

The Equality Issues

– Equality and Representation of the States

New Jersey Plan

Virginia Plan

Connecticut Compromise

– Slavery

– Political Equality

The Agenda in Philadelphia

The Agenda in Philadelphia

The Economic Issues

– States had tariffs on products from other states

– Paper money was basically worthless

– Congress couldn’t raise money

– Actions taken:

– Powers of Congress to be strengthened

– Powers of states to be limited

The Agenda in Philadelphia

The Agenda in Philadelphia

The Individual Rights Issues

– Some were written into the Constitution:

Writ of habeas corpus

No bills of attainder

No ex post facto laws

Religious qualifications for holding office prohibited

Strict rules of evidence for conviction of treason

Right to trial by jury in criminal cases

– Some were not specified

Freedom of speech / expression

Rights of the accused

The Madisonian Model

Limiting Majority Control

Separating Powers

Creating Checks and Balances

Establishing a Federal System

The Madisonian Model The Constitution and the Electoral Process: The Original

Plan (Figure 2.2)

Figure 2.3

The Madisonian Model

The Madisonian Model

The Constitutional Republic

– Republic: A form of government in which the

people select representatives to govern them

and make laws.

– Favors the status quo - changes are slow

The End of the Beginning

– The document was approved, but not

unanimously. Now it had to be ratified.

Ratifying the Constitution

Ratifying the Constitution

Federalist Papers

– A collection of 85 articles written by Alexander

Hamilton, John Jay, and James Madison under the

name “Publius” to defend the Constitution.

Bill of Rights

– The first 10 amendments to the U.S. Constitution,

drafted in response to some of the Anti-Federalist

concerns about the lack of basic liberties.

Ratifying the Constitution

Figure 2.4

Constitutional Change

Constitutional Change

The Informal Process of Constitutional

Change

– Judicial Interpretation

– Changing Political Practice

– Technology

– Increasing Demands on Policymakers

Understanding the Constitution

The Constitution and Democracy

– The Constitution itself is rarely described as

democratic.

– There has been a gradual democratization of the

Constitution.

The Constitution and the Scope of Government

– Much of the Constitution limits government.

– The Constitution reinforces individualism, yet

encourages hyperpluralism.